Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to regulate forthwith the granting
of temporary licenses for the sale
of wine at certain auctions,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Chapter 153 of the acts of 1997 is hereby amended by
striking out
section 1 and inserting in place thereof the following section:-
Section 1.
Notwithstanding any general or special law to
the
contrary, the local licensing authority in a city or town which votes to
authorize the granting of licenses for the sale of alcoholic beverages may,
with the approval of the alcoholic beverages control commission, grant
temporary
licenses for the sale of wine at auction not to be drunk on the premises
to
applicants which are nonprofit charitable corporations
organized under chapter 180 of the General Laws and registered with the public
charities division of the office of the attorney general. Each such temporary
license shall describe the premises to which it applies and shall be granted
only
for premises which are either the principal place of business or headquarters
of
the applicant or a location owned or leased by the applicant from which the
applicant regularly conducts business and which are legally zoned to allow such
sales or which are the premises of a licensee under section 12 or section 15
of
chapter 138 of the General Laws. No such temporary license shall be for a
duration of more than 10 consecutive calendar days and no holder of a
temporary license shall be granted more than 5 licenses in a calendar
year. The fee for a temporary license under this section shall not exceed
the minimum fee
provided for holders of licenses to sell wine. A holder of a temporary license
under this section may conduct the above on any day and at any time permitted
under said section 12 of said chapter 138. Any wine sold
under this
section shall be donated at no charge to the license holder and all proceeds
from
such sales shall be used for the license holder's charitable purposes. The
application
procedures under section 15A of said chapter 138 shall not apply to temporary
licenses under this section, but
applications may be granted
by the local licensing authority according to the local procedures for the
granting
of
licenses under section 14 of said chapter 138. Local licensing authorities
may
impose conditions as to the hours of operation of auctions and other
necessary and reasonable
terms and conditions.
SECTION 2.
Said chapter 153 is hereby further amended by striking
out section 5 and inserting in place thereof the following section:-
Section 5.
This act shall cease to be effective on January 1, 2008.
Approved December 11, 2002.